Notarizing a Will and Last Testament?

Question

First, Thanks to everyones helpful answers to my previous question!
So I've got the paper work to make a "simple will" but now my question is does a last will and testament HAVE to be notarized or can my 3 witnesses sign it saying they were there and that i was of sound mind in making and signing my will ? If it DOES have to be notarized do my 3 witnesses have to sign in front to the notary or can i have it notarized after they sign it?
(we live in illinois)

Answer 1

CallLawGuy's advice is sound, but I think it needs expanding a bit.

First, doing your own will is probably unwise. If you omit something or make a mistake, it opens up the estate to legal challenges at a later date. This could cost your heirs thousands of dollars in legal fees, and result in totally thwarting your wishes. In your wish to save a few hundred dollars on an attorney, you could end up costing others thousands later on. BUT, if you insist on doing your own will, read on.

A will does NOT have to be notarized to be valid. Two or more witnesses, who are NOT beneficiaries under the will must sign it. Some states also allow holograpic wills, but those are beyond this discussion.

A notary, unless they are also licensed to practice law, may NOT give legal advice. If you wish to have the will notarized, YOU AND THE WITNESSES must all appear before the Notary to execute the will. Only then can the Notary attest to the signatures and affix his/her seal.

Although you have the right to write your own will, for the sake of your heirs, I really hope you consult an attorney licensed in your state instead. For a referral, contact your local or state bar association.

Answer 2

Please disregard answer #1, it is entirely ludicrous and possibly the worst legal advice I have heard in 35 years.
Wills need not be notarized, only signed and witnessed. 1 person is fine, 2 is better, 3 is unnecessary.
A notary can only attest to the identity of the people signing - you and your witness(es). A notary is NEVER allowed to give legal advice of any kind.
If you do plan on having your will notarized, it MUST be signed in the presence of the notary, it cannot be stamped retroactively.
Make at least 2 originals, one for your files, the other for safe deposit box and/or your attorney.

Answer 3

Your best bet is to do a little research on the web. Better yet, call a bank with a notary who is on duty and ask him or her. That person is trained to give you the correct and legal information depending on your state of residence. This rarely happens, but if the notarization is not sufficient in court, you can draw legal action against the bank or institution.

Good luck.

Answer 4

A notary cannot take an acknowledgment of a signature not made in his/her presence. If you have the paperwork to make a valid will for your state it should tell you whether a notary's attestation is necessary.